                                 CODE OF VIRGINIA

PROCEDURE FOR ALLOWANCE OF CLAIMS (§ 15.2-1245)

A. No account shall be allowed by the governing body of the county unless made
out in separate items with the nature of each item specifically stated. When no
specific fees are allowed by law, the time actually and necessarily devoted to
the performance of any service charged in such account shall be verified by
affidavit, which shall be filed with the account. The attorney for the
Commonwealth, or the county attorney if there is one, shall represent the county
before the board and advise the board of any claim which in his opinion is
illegal or not before the board in proper form or upon proper proof, or which
for any other reason ought not to be allowed. No such claim shall be denied
unless the attorney representing the county has, by certified mail, served
written notice on the claimant or his agent of the date that the governing body
will consider the claim.

B. If any claim has been allowed by the governing body against the county which
in the opinion of such attorney is improper as to form or proof or illegal, the
attorney shall seek the advice of the Attorney General as to legality or the
State Auditor of Public Accounts as to matters of accounting. If any claim has
been allowed by the governing body against the county which, in the opinion of
any six owners of land within the county is improper as to form or proof or
illegal, such landowners may appeal the decision of the governing body to the
circuit court for the county. If either the Attorney General or the State
Auditor of Public Accounts is of the opinion the claim is illegal or in improper
form, the attorney for the Commonwealth shall appeal from the decision of the
governing body to the circuit court for the county. In the event of any such
appeal, the moving party shall serve a written notice of the appeal on the clerk
of the governing body and the party in whose favor the claim is allowed within
30 days after the making of such decision. If the court finds and states in its
order that the claim was improperly allowed but that the consideration received
or to be received by the county for payments made or to be made was or will be
for value, it shall dismiss the appeal. If the court finds otherwise, it shall
remand the claim to the governing body for appropriate action.

C. Whenever any claim allowed by a county governing body is declared illegal by
a court of competent jurisdiction, the attorney for the Commonwealth, or the
county attorney if there is one, in the name of the county, shall institute
proper proceedings in the circuit court of his county within two years from the
entry of the order declaring the claim illegal, if such amount has already been
paid. Such attorney shall be available to the governing body and give his legal
opinion when requested.

D. Nothing in this section shall prevent any county governing body from
disallowing any account, in whole or in part, when rendered and verified
consistent with subsection A, or requiring any other evidence of the truth and
propriety of any account as it thinks proper.

HISTORY: Code 1950, §§ 15-257, 15-258; 1962, c. 623, §§ 15.1-550, 15.1-551;
1968, c. 450; 1980, c. 58; 1982, c. 173; 1984, c. 617; 1997, c. 587; 2010, c.
668.